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Home My WebLink About2009-06-23; City Council; Resolution 2009-1611 CITY COUNCIL RESOLUTION NO. 2009-161 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING MINOR TEXT CHANGES TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO 4 ADDRESS MINOR HEADING AND/OR LANGUAGE MODIFICATIONS TO ALLOW CONTINUATION OF EXISTING LAND USE AND 5 DEVELOPMENT REGULATIONS AND RELATED POLICIES FOR SPECIAL REVIEW WITHIN THE VILLAGE AREA. 6 CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL 7 AMENDMENTS CASE NO : GPA 09-038 WHEREAS, the Carlsbad Redevelopment Agency, "Applicant" has filed a verified application with the City of Carlsbad regarding property known as the Carlsbad Village Area; and WHEREAS, said verified application constitutes a request for a General Plan Amendment GPA - 09-03 as provided in Government Code Section 65350 et. Seq. and Section 21.52,150 of the Carlsbad Municipal Code as shown on Exhibit "A" dated March 30, 2009, attached hereto and on file in the 12 Carlsbad Housing and Redevelopment and Planning Departments, and the Local Coastal Program as embodied in the Village Master Plan and Design Manual; and 13 WHEREAS, the Design Review Board did on the 27th day of April hold a duly noticed public 14 hearing to consider said request and recommended approval of the proposed General Plan amendment GPA 09-03 to make minor heading and/or language modifications for consistencies with the Village Master Plan and Design Manual to address expiration of the Village Redevelopment Plan; and WHEREAS, as a result of an environmental review of the subject project conducted pursuant to 1 „ the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, the project was found to be exempt from the requirement for preparation of environmental documents pursuant to Section 15061(b)(3) (The General Rule) of the State CEQA Guidelines. 19 WHEREAS, the City Council did on the date of this resolution hold a duly noticed public 20 hearing to consider said request from the Carlsbad Redevelopment Agency and the recommendation of the Design Review Board; and 21 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, analyzing the information submitted by staff, and considering any ~,, written comments received, the City Council considered all factors relating to the General Plan Amendment. 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, 25 California as follows: 26 1 • That the foregoing recitations are true and correct. 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. That the City Council approves City Council Resolution No. 2009-161 and that the findings and conditions of the Design Review Board as set forth in Design Review Board Resolution Nos. 339, 340, and 341, on file with the City Clerk and made part hereof by reference, are the findings and conditions of the City Council. PASSED, APPROVED, AND ADOPTED at a joint meeting of the Housing and Redevelopment Commission and City Council of the City of Carlsbad, California, held on the 23rd day of June, 2009 by the following vote to wit: f^. AYES: Council Members Lewis, Kulcbin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. ABSTAIN: ATTEST: £±>&J\Ja (SEAL) -2- Land Use Element 2. VILLAGE The Villagejs, located in the "downtown" section of Carlsbad.,- hae boon established as a redevelopment projoct area. A Redevelopment Master Plan and Design with Implomonting Strategies along with tho present Village Design Guidelines Manual guides all development in the Village. Tbese-This documents provides an overall development strategy to create a strong identity for the Village, revitalize the area, enhance the economic potential of the Village and establish specific site development standards. The intent of the master plan and design manual is to preserve the village character of the area by creating a pedestrian scale environment of specialty shops, services, and restaurants complemented by residential and mixed-use development. The Redevelopment Master Plan and Design Manual should be referred to for more detailed information. Additional redevelopment project areas may be established in other areas of the City in the future. 3. COASTAL ZONE PROGRAMS In 1972, California voters approved Proposition 20 which led to the enactment of the State law (California Coastal Act of 1976) which regulates any development within California's Coastal Zone. The Coastal Act requires that individual jurisdictions adopt Local Coastal Programs (LCP) to implement the State law at a local level. Carlsbad's Local Coastal Program is consistent with the General Plan, but it is a separate document containing separate land use policies and implementation measures which must also be complied with in addition to the General plan. Approximately one- third of the City is located within the Coastal Zone. The City's coastal zone has been divided into six segments and each segment is regulated by separate LCP's (See Map 4: Local Coastal Program Boundary). The boundaries of the City's Coastal Zone which were established by the State are depicted on the Land Use Map. Almost every conceivable type of development proposal within the Coastal Zone from removal of natural vegetation to the construction of huge master planned communities requires the approval of a Coastal Development Permit (CDP) in addition to any other permits or entitlements. The land use policies, programs and regulations of the relevant LCP shall be General Plan Amendment 09-03 Legislative Draft Exhibit "A" referred to in addition to the General Plan, the Municipal Code and other pertinent regulations for guiding land use and development within the Coastal Zone. Although the City has adopted LCP segments for all of its Coastal Zone, it only has authority to issue Coastal Development Permits within the Redevelopment segment. In the remaining five segments the California Coastal Commission currently retains Coastal Development Permit authority. Carlsbad is actively pursuing the lengthy task of effectively implementing the five LCP segments in order to transfer permit authority to the City. In those circumstances where an issue is not addressed by the Local Coastal Program Land Use Plan, but is addressed by the City of Carlsbad General Plan, no coastal development permit, or exemption may be granted unless the project considered is found by the appropriate authority to be consistent with the City of Carlsbad General Plan. In those circumstances where an issue is addressed by both the Local Coastal Program Land Use Plan and the City of Carlsbad General Plan, the terms of the Local Coastal Program Land Use Plan shall prevail. 4, McCLELLAN-PALOMAR AIRPORT McClellan-Palomar Airport, a county-owned facility, is regulated by the Comprehensive Land Use Plan, McClellan-Palomar (CLUP) prepared by the San Diego Association of Governments (SANDAG). This is a state- required, long-range master plan, updated every five years, that reflects the anticipated growth of the airport over at least the next 20 years. The intent is "to provide for the orderly growth of each public airport and ... [to] safeguard the general welfare of the inhabitants within the vicinity of the airport and the public in general" (Section 21675, Public Utility Code). As required by State law, Carlsbad's General Plan must comply with the Airport's Comprehensive Land Use Plan. If the City chooses to overrule a finding of the Airport Land Use Commission as stated in the CLUP, it may do so by a two-thirds vote if it makes a specific finding that the General Plan and the CLUP are consistent. To limit noise impacts on noise sensitive land uses, the City has designated areas surrounding the Airport for predominately planned industrial uses. To accomplish this, a significant amount of Page 24 Amended September 13,2005